Madhya Pradesh Court February 2014 Judgments
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Ku. Sonali Shyam Vs. P.S. Garha the State of Madhya Pradesh Judgement ...
Court: Madhya Pradesh
Decided on: Feb-10-2014
M.Cr.C.No.1158/14 10.02.2014 Shri Satish Dawra, learned counsel for the applicant. Shri Pradeep Gupta, learned P.L.for the State. State counsel submits that he is under receipt of the case diary. As the case diary is available with the P.L., hence the matter is taken up for hearing on merits. On behalf of the applicant/accused, this petition is preferred under Section 438 of Cr.P.C.for grant of anticipatory bail to the applicant, as he is under apprehension of his arrest in connection of Crime No.898/13, registered at Police Station Garha, Jabalpur against him and some other co-accused for the offence of Sections 419 and 420 of I.P.C.and of Section 3/4 of Madhya Pradesh Pariksha Adhiniyam 1982. As per case of the prosecution, on dated 14.12.2013, a report in writing with the signature of the Dean, Netaji Subhash Chandra Bose Medical College Jabalpur, was received in the Office of Station House Officer, Police Station Garha Jabalpur, through some Assistant Lecturer. On the basis of such...
Jugal Kishore Chourasia Vs. the State of Madhya Pradesh Judgement Give ...
Court: Madhya Pradesh
Decided on: Feb-10-2014
W.A.NO.1487/2013 10/02/2014 Shri Prashant Dubey, Advocate with Shri Shri Rajesh Dubey, Advocate for the appellant. Shri Samdarshi Tiwari, Government Advocate for the respondents/State. Heard counsel for the parties. As short question is involved, the appeal is taken up for final disposal forthwith by consent. This appeal takes exception to the decision of the learned Single Judge dated 20th November, 2013 in Writ Petition No.5814/2012. The learned Single Judge dismissed the writ petition filed by the appellant challenging the suspension order dated 5th April, 2012 issued under the signature of Collector, District Katni. The said order, Annexure P/2, reads thus : dk;kZy; dysDVj ftyk dVuh e/;iznsk dz0 86@fk{kk@2012 dVuh].fnukad 05-04-2012 vknsk vuqfoHkkxh; vf/kdkjh jktLo dVuh ds }kjk izLrqr tkapizfrosnu ds vk/kkj ij J.tqxy pkSjfl;k ijh{kk l= 2010&11 esa d{kk 9 oha ds iquZx.kuk ifj.kke esa gsjkQsjh dj vuqRrh.kZ fo|kkfFkZa;ksa dks ijh{kk izHkkjh ds :Ik esa vius nkf;Roksa dk fuoZgu kklu ds ...
Gulab Singh Vs. the State of Madhya Pradesh Judgement Given By: Hon'bl ...
Court: Madhya Pradesh
Decided on: Feb-10-2014
M.Cr.C.No.23/14. 10.02.2014 Shri Manish Datt, learned Senior Advocate assisted by Shri Yogesh Soni, counsel for the applicant. Shri Ved Prakash Tiwari, learned P.L.for the State/respondent. Initially this matter was taken in the early hours of the day and the Senior counsel was ready to argue the case, but the learned P.L.submitted that he is not under receipt of the case diary. On asking the learned P.L.why he is not under receipt of the case diary inspite the intimation, then he has prayed to keep this matter as pass over to verify the position in the lunch houRs.On which, the matter was kept as pass over. Pursuant to it, it is taken up in the second round after lunch, then learned P.L.submits that according to his information the diary has been received in the Advocate Generals Office long before in connection of M.Cr.C.No.17300/13, and also said that such case has not been listed today before any Bench of this Court. In continuation he said that, insptie making efforts by the offic...
Jai Shankar Shukla Vs. Sohanlal Judgement Given By: Hon'ble Shri Justi ...
Court: Madhya Pradesh
Decided on: Feb-10-2014
M.Cr.C.No.8509/2007 M.Cr.C.No.8509/2007 10.2.2014 Shri Atulanand Awasthy, counsel for the applicant. Shri Priyank Khandelwal, counsel for the respondents No.1 to 3. Heard on admission. The applicant has challenged the order dated 18.8.2007 passed by the learned JMFC, ItaRs.in an unregistered criminal complaint filed by the applicant, whereby the complaint was dismissed. The facts of the case, in short, are that the applicant has filed a criminal complaint against the respondents before the JMFC, ItaRs.on 10.5.2006 that on 18.12.2005, he was going by his motorcycle from his house, situated at village Pathrota. At about 6 a.m.in the morning, he was going to ItaRs.for some domestic work. Near CPE Gate No.2, a truck came from the opposite direction with excessive speed. He tried to escape from the collision and therefore, a part of his motorcycle was touched and therefore, left leg of the complainant touched to the body of the accused No.1. In the meantime, the respondents came to the spot...
Ram Niwas @ VipIn Verma Vs. the State of Madhya Pradesh Judgement Give ...
Court: Madhya Pradesh
Decided on: Feb-10-2014
M.Cr.C.No.12666/2013 M.Cr.C.No.12666/2013 10.2.2014 Shri Vijay Shrivastava, counsel for the applicant. Shri Ajay Tamrakar, Panel Lawyer for the State/respondent. Heard on admission. The applicant has moved an application under Section 407 of the Cr.P.C.to transfer the Sessions Trial No.89/2013 pending before the learned Second Additional Sessions Judge, Betul. The applicant has moved an application that the applicant and his brother are terrorized by the members of the complainant party and therefore, no counsel is ready to defend the case of the applicant. In support of his contention, the learned counsel for the applicant has invited the attention of this Court to the application Annexure A/12, sent by the applicant to S.P., Betul. On this subject, a status report was called from the learned Second Additional Sessions Judge, Betul. In the report dated 18.10.2013, the learned Second Additional Sessions Judge informed that initially Shri R.K.Garg, Advocate was appearing for the applica...
Chetram Warkare Vs. Secretary the State of Madhya Pradesh Judgement Gi ...
Court: Madhya Pradesh
Decided on: Feb-10-2014
1 Writ Petition No.1262/2014 10.02.2014 Shri Akhilesh Singh, learned counsel for the petitioner. Shri Puneet Shroti, learned Panel Lawyer for respondents/State on advance notice. Learned counsel for the parties submitted that the controversy involved in this case is covered by the judgment of Apex Court in Asha Saxena Vs. State of M.P. & Others S.L.P. (Civil) No.18881/06 and this case may be decided in the light of aforesaid judgment.2. The Apex Court in Asha Saxena (Supra) considering the controversy involved in the case held thus :- The appellant herein was appointed as a Lecturer in the Government Girls' Higher Secondary School, Mama Ka Bazar, Gwalior, Madhya Pradesh, on 19.9.1981. Prior to entry into service, the appellant had in 1972 acquired B.Ed. Degree. According to the appellant, at the time of entry into service she was entitled to two advance increments in accordance with a Circular issued by the State Government on 21.9.1974, which reads as follows: "Point wise clarificatio...
Sumer Singh Thakur Vs. the State of Madhya Pradesh Judgement Given By: ...
Court: Madhya Pradesh
Decided on: Feb-10-2014
WRIT PETITION No.21103/2013 1 10.02.2014 Shri Shakti Kumar Soni, learned Counsel for the petitioneRs.It is contended by learned Counsel for the petitioners that in terms of the provisions of Madhya Pradesh Janpad Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 1998, the petitioners would be entitled to grant of regular pay scale of the post of Shiksha Karmi. However, such a claim is not being considered, therefore, this writ petition is required to be filed. It is contended that identical claim was made before the Indore Bench of this Court in W.P.No.602/2010 (S) by certain teachers of the similar category namely Mohanlal & others and the said writ petition has been disposed of vide order dated 22.01.2010 directing consideration of the claim of the persons like petitioneRs.It is, thus, contended that similar treatment may be given to the petitioneRs.This Court in the case of Mohanlal (supra) has passed the following order : Accordingly, without commenting upon th...
Kunti Patel Vs. P.S. Shahpur the State of Madhya Pradesh Judgement Giv ...
Court: Madhya Pradesh
Decided on: Feb-10-2014
M.Cr.C.No.675 of 2014 10.02.2014 Shri R.S.Patel, learned counsel for the applicants. Shri Ved Prakash Tiwari, learned PL for respondent-State. Learned PL submits that he is under receipt of the case diary. Heard. On behalf of the applicants, this petition is filed under Section 438 of Cr.P.C for grant of anticipatory bail as they are under apprehension of their arrest in connection of Crime No.105/13, registered against them at Police Station Shahpur, district Rewa for the offence of Sections 147, 148, 149, 353, 332, 342, 186, 188 and Section 307/34 of IPC. The applicants' counsel after taking me through the rejection order alongwith the averments of the petition argued that all the applicants being women are not in a position to commit any alleged act against the Police Officials who are in the cadre of ASI, Head Constable, Police Outpost Incharge who are generally lashed with stick or any other implement. He further said that in the normal couRs.it could not be assumed that the women...
Ramcharan Gupta Vs. Nathuram Sen Judgement Given By: Hon'ble Shri Just ...
Court: Madhya Pradesh
Decided on: Feb-10-2014
M.Cr.C.No.622/2010 10.02.2014 Shri R.S.Patel, Advocate for the applicants. Shri Vikas Jain, Advocate for the respondent No.1 Heard the learned counsel for the parties finally. By the present petition under Section 482 of Cr.P.C.applicant has challenged the order dated 14.10.2009 passed by the 3rd Additional Sessions Judge, Tikamgarh in Criminal Revision No.283/2007 whereby the revision was dismissed and the order dated 18.10.2007 passed by the JMFC Tikamgarh in criminal complaint No.2744/2006 was confirmed. The learned Magistrate has closed the evidence against the various respondents and therefore complaint was dismissed and the respondents were discharged. The facts of the case are that the complainant had lodged a complaint against the respondents No.1 and 2 on the ground that he had deposited the loan amount but it was not shown by the respondents No.1 and 2 in the ledger of the bank, and therefore recovery was initiated. However, in enquiry it was found that the applicant had paid...
Suresh Chandra JaIn Vs. Dr.R.G.Jauhari Judgement Given By: Hon'ble Shr ...
Court: Madhya Pradesh
Decided on: Feb-10-2014
M.Cr.C.No.10576/2008 M.Cr.C.No.10576/2008 10.2.2014 Shri S.K.Jha, counsel for the applicants. Shri Ashish Tiwari, counsel for the respondent No.1. None for the respondents No.2 and 3. Shri G.S.Thakur, Panel Lawyer for the State/ respondent No.4. Heard on admission. The applicants have challenged the order dated 22.4.2008 passed by the learned Third Additional Sessions Judge, Tikamgarh in criminal revision No.250/2006, whereby the order dated 10.8.2006 passed by the learned JMFC, Tikamgarh in criminal complaint case No.1484/2006 was confirmed by which the complaint was dismissed and the respondents were discharged from the various charges. The facts of the case, in short, are that, the applicants had moved a criminal complaint against various accused persons that the applicant No.2 was admitted in the hospital on 23.5.1992 for delivery. She was admitted by the respondent No.2 but, thereafter, the applicants were pressurized to provide the fees of Nursing Home run by the respondent No.1,...
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